R v LN; R v AW (No. 8) [2017] NSWSC 331

R v LN; R v AW (No. 8) [2017] NSWSC 331

The Court was not satisfied that the statutory criteria for discharge of the juror under s.53B(a) were met, as the juror’s illness was likely temporary and the delay not excessive. Therefore, the absent juror would not be discharged.

Parties
Crown: Regina; Accused: LN; Accused: AW
Jurisdiction
Australia
Judgment Date
29 March 2017
Procedural Posture
Criminal / Murder Trial—application to Discharge Absent Juror
Outcome
Crown application to discharge absent juror declined.
Legal Topics
Discharge of Juror, Jury Illness, Jury Act 1977, Criminal Procedure
Criminal Law Discharge of Juror Jury Illness Jury Act 1977 Criminal Procedure

Case Brief

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Parties

Regina

Crown

LN

Accused

AW

Accused

Procedural Posture

Criminal / Murder Trial—application to Discharge Absent Juror

Legal Issues

  1. 1 Whether to discharge an absent juror on grounds of illness and proceed with a jury of 11

Ratio Decidendi

The Court was not satisfied that the statutory criteria for discharge of the juror under s.53B(a) were met, as the juror’s illness was likely temporary and the delay not excessive. Therefore, the absent juror would not be discharged.

Court Disposition

Crown application to discharge absent juror declined.

Orders

  • Absent juror not discharged; trial to continue with jury of 12 on 3 April 2017.